FKNK sees key principle in ECJ decision

The hunters' federation (FKNK) noted this afternoon that the European Court's decision on spring hunting in Malta, announced this morning, did not consider autumn as a satisfactory alternative to limited spring hunting in Malta.

In its decision, the Court said that: "although the two species at issue are in fact present in autumn in Malta, during the years in question hunters were able to capture only a negligible number of birds. Moreover, during that season, only a restricted part of the territory of Malta is visited by those birds. Finally, the population of the two species of bird hunted is not below a satisfactory level. It is apparent, in particular, from the International Union for the Conservation Nature Red List of Threatened Species that the species in question are listed in the 'least concern' category. The Court considers that, in those very specific circumstances, autumnal hunting of those two species cannot be regarded as constituting, in Malta, another satisfactory solution to the opening of a spring hunting season."

The FKNK said it looked positively at this decision and considered the court ruling to be an eye-opener for future action to be contemplated in full cognizance of the provisions of article 9.1 of the "Birds" EU Directive.

It thanked its legal team and in particular the Attorney General for their efforts in providing a strong legal defence of Malta's case thus, determining this fundamental principle.

Earlier, FKNK President Lino Farrugia said that the European Court judgement on spring hunting did not exclude the possibility of Malta applying for a derogation to allow spring hunting in the future.

"The decision does not mean that spring hunting has been banned for ever. The court could not remove Malta's right to apply for a derogation in future, and in view of new data which we already have, and with political will, we can get a derogation, although it will be more difficult," Mr Farrugia said.

He explained that the court had ruled against Malta's decision to allow spring hunting between 2004-2007 because the government had incorrectly applied the derogation.

However, the court decision was still "somewhat below the belt" because there had been a common position paper between the then 25 EU member and applicant states and the EU Commission where Malta had declared that it would be applying the derogation to allow spring hunting. Yet as soon as Malta joined the EU, infringement proceedings were launched.